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NEPAL: Alleged brutal torture and attempted rape of a woman by Police

June 4, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

5 June 2007
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UA-177-2007: NEPAL: Alleged brutal torture and attempted rape of a woman by Police

NEPAL: Arbitrary arrest, torture, attempted rape, no rule of law, violence against women
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from Advocacy Forum, one of the leading human rights organizations in Nepal providing legal aid services to detainees that a woman was brutally tortured and suffered and sexually molested by the police on grounds that she was involved in setting fire to a government vehicle in Kathmandu on 17 May 2007. The manner of torture was so cruel and yet no action has been taken by government authorities to investigate and punish those responsible. The victim filed a case against the alleged perpetrators under the Torture Compensation Act, 1999. However, the Act only allows victim compensation that does not match international standards and does not provide any means of prosecution or punishment of cases of torture.

CASE DETAILS:

At noon on 17 May 2007 Kalpana Bhandari, a 30 year-old widow and driver, who had been staying in a temporary camp in Tinkune of Katumandu since January 2007 was informed to leave the tents by the police personnel under the command of the police inspector Mr. Jayaram Sapkota of Gausala Metropolitan Police Sector and police inspector Mr. Hira Bahadur Pandey of New Baneshowar Metropolitan Police Circle. At that time she was preparing lunch for her children (one son and one daughter). As soon as a group of armed and uniformed male personnel under the orders of two inspectors arrived in the area, two groups of police entered her tent and arrested Ms. Kalpana on the charge of being a suspect in the arson attack of a government vehicle. As far as we are informed, her name was not mentioned as a suspect but that she was arbitrarily arrested her on the grounds that two unidentified men and women were seen setting the vehicle on fire.

The police inspector Mr. Jayaram Sapkota destroyed all the food Ms. Kalpana had prepared although her children were waiting to eat. While the men inside the tent caught her by the hair and manhandled her, the police inspector then allegedly ordered a police constable to rape her. Then, Mr. Jayaram made her lie down on the ground and kicked her with his boots and sticks on her groin and breasts. The beating by the police continued for around one hour and with filthy language they threatened to kill her. After inflicting this torture upon her some police dragged her for about 500 meters to a police van. Inside the police van she was laid face down and then kicked; all the while the police inspector threatened to kill her. She was even beaten with sticks on her arms and head during transferring to Shinghadarbar Metropolitan Police Circle, Kathmandu. She asked for water on the way to the police station and one of the policemen told another officer to urinate into her mouth. After she was brought to the police station, she was kicked and pushed.

She was covered in blood from her uterus and other parts of body by the beating and soon became unconscious. She was taken to maternity Hospital Thapathali, Kathmandu, for treatment. The doctor prescribed some medicine and discharged her, advising that she needed to have an x-ray of her uterus. However no further medical treatment had been granted.

She was arrested by the security personnel of New Baneshowar Metropolitan Police Circle, and Gausala Metropolitan Police Sector Kathmandu but brought to the Shinghadarbar Metropolitan Police Circle, Kathmandu. On the day following day her arrest she was transferred to Metropolitan Police Rance, Hanumandhoka, Kathmandu where she had been detained for 4 days. However, she was again taken back to Shinghadarbar Metropolitan Police Circle, Kathmandu.

She was released on 25 May, 2007 from Metropolitan Police Circle, Singhadarbar, Kathmandu after the complainant dropped his complaint. It is reported that Kalpana’s health is currently still in bad condition and that she is mentally disturbed due to torture. She plans to file a Torture Compensation Case with the help of Advocacy Forum on 5 June 2007.

ADDITIONAL INFORMATION:

Kalpana's husband, named Krishna Bahadur Bhandari, was a sub police inspector. He was killed in a clash that took place between Maoists and security forces in April 2002 at Bhakundebesi of Kavre district. A week later after his death, the Maoists demanded one hundred thousands rupees from his father Deepak Bhandari while he was in mourning. As he was not able to pay the large amount, he was then abducted and killed by the Maoists. The mother in law also died following the death of her husband and her son. Kalpana had been working as a police head constable at District Police Office, Dhulikhel, Kavre district but she resigned it after receiving repeated death threats from the Maoists.

After these unfortunate incidents, she left her home along with her a son and a daughter and came to Kathmandu. In Kathmandu, she started driving a car in a private company in Lalitpur district. She had been living in a rented room in Lalitpur with her children. After being victimized by Maoists, she also joined some programs organized by Maoists victims' group. Since, January 2007, she also stayed in Tunkune, Kathmandu, making a temporary tent and continually working as a driver.

There were other some 200 Maoists victims as well. The families of the victims of Maoists have been staying in the temporary camps at Tinkune, Kathmandu and demanding respectful rehabilitation, compensation, and employment for them. Those families have been victimized by Maoists more than a decade long armed conflict in the country.

On 17 May 2007, security forces from Gausala Metropolitan Police Sector and new Baneshowar Metropolitan Police Circle, Kathmandu come by two vehicles came to the place where Maoists victims have been staying and made an announcement to everyone to leave the tents. As the Maoists victims did not heed the announcement the forces started dismantling the tents and seized clothes and other items as well. Some of the Maoists victims had gone out the camps as they have called the day ‘Transportation Strike’. The security forces arrested more than a dozen Maoists victims in different places with different charges. Some of the Maoists victims were charged of arson and others with trying to gather for the ‘Transportation Strike’.

BACKGROUND INFORMATION:
The Constitution of Nepal prohibits the practice of torture. Nepal is one of state parties to the UN Convention against Torture and it has a domestic law, entitled the Torture Compensation Act, 1996. However, the Act is ineffective as a tool for preventing torture and enabling the prosecution of cases of torture. The Act falls short of the standards set in the Convention. It allows victim compensation which does not coincide with international standards and it even lacks of means of prosecution or punishment of cases of torture. Only does allowing compensation to torture victim work as a mechanism to give impunity to the responsible for cases of torture. (To learn more about the Act please see AHRC 2005 HR report on Nepal Chapter)

SUGGESTED ACTION:
Please write letters to the concerned authorities listed below, urging them to punish those responsible though immediate and thorough investigation into this case and provide medical treatment and proper compensation to the victim. The AHRC is also writing to UN Special Rapporteur on the Question of Torture and Violence against Women for its consideration.

To support this appeal, please click:


Suggested letter:

Dear ___________,


NEPAL: Alleged brutal torture and attempted rape of a woman by Police

Name of victim: Ms. Kalpana Bhandari, aged 30, widow with two children, permanent resident of Pingkuli Village Development Committee ward no 5, Ramechhap District, Nepal; temporary resides in Maoist victims camp in Tinkune of Kathmandu
Name of alleged perpetrators:
1) Police inspector Mr. Jayaram Sapkota of Gausala Metropolitan Police Sector
2) Police inspector Mr. Hira Bahadur Pandey of New Baneshowar Metropolitan Police Circle
3) A group of unidentified police officers commanded by the two police inspectors
Period of detention: from May 17, 2007 to May 25, 2007; detained in Shinghadarbar Metropolitan Police Circle, Kathmandu and Metropolitan Police Range, Hanumandhoka, Kathmandu
Place of incident: Temporary camps for Maoists victims in Tinkune of Kathmandu

I am writing to express my deep concern about the information that Ms. Kalpana Bhandari, a 30 year-old widow subjected to staying in a temporary camp in Tinkune of Katumandu since January 2007 was allegedly arbitrarily arrested, brutally tortured, and attempted to rape by the police personnel under the command of the police inspector Mr. Jayaram Sapkota of Gausala Metropolitan Police Sector and police inspector Mr. Hira Bahadur Pandey of New Baneshowar Metropolitan Police Circle on 17 May 2007.

According to the information I have received, at noon 17 May 2007, two groups of police led by the police inspectors entered inside her tent and arbitrarily arrested Kalpana on the charge that she was suspect of setting on fire on a government vehicle without concrete evidence. Ms. Kalpana Bhandari was brutally tortured and attempted to rape while being arrested and transferred to Shinghadarbar Metropolitan Police Circle, Kathmandu. Even though she asked for water at the police van after assaulting, the police made a mockery of her to urinate to her mouth. She was kicked and pushed with the boots by a police in Shinghadarbar Metropolitan Police Circle as well. She lost her conscientious by lots of bleeding due to torture and needed more medical treatment prescribed by the doctor, she was discharged and finally she was released 25 May 2007 after the complainant dropped his complaint from the police.

I am disturbed by arbitrary arrest of an innocent person by the police without concrete evidence and further the manner of torture and sexual harassment during being transferred to the police station. Lack of medical treatment is another matter of concern. Especially, although it has passed some weeks since it occurred, those responsible have not been charged of or punished through the impartial and thorough investigation by independent units.

I have learned that the Constitution of Nepal prohibits the practice of torture and Nepal is one of state parties to the UN Convention against Torture to prevent its citizens from any acts of torture by the government officials. I further learned that it has domestic law, entitled the Torture Compensation Act, 1996. However, the Act is ineffective as a tool for preventing torture and enabling the prosecution of cases of torture. The Act also falls short of the standards set in the Convention. It only allows victim compensation which does not coincide with international standards and it even lacks of means to prosecute and punish the perpetrators of torture. I was informed that the AHRC also sent a letter to the Special Rapporteur on Question on Torture and Violence against Women.

Therefore, I urge you to conduct thorough investigation in this matter without delay, punish those responsible and provide adequate medical treatment to the victim. The victim should receive proper compensation as well. From understanding the lack of protection of citizens from practice of torture by the police, I further urge you to enact a law or amend relevant law in accordance with the international human rights standards to fully prevent and protect citizens from torture so that perpetrators should be brought to the justice. I wish you agree with my opinion that Nepal should not be a country where torture is endemic.

I look forward to your prompt and effective response in this matter.

Yours sincerely,

 

 
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PLEASE SEND YOUR LETTERS TO:

1. Mr. Yagya Murti Banjade
Attorney General
Office of Attorney General
Ramshahpath
Kathmandu
NEPAL
Fax: +977 1 4262582
Email: attnoney@mos.com.np

2. Mr. Om Bikram Rana
Inspector General of Police
Police Head Quarters, Naxal
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: info@nepalpolice.gov.np

3. Mr. Krishna Sitaula
Home Minister
Singha Darbar
Kathmandu
NEPAL
Fax: +977 1 4211232
Email: moha@wlink.com.np

4. Chairperson
National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Fax: +977 1 5547973
Email: complaints@nhrcnepal.org or nhrc@nhrcnepal.org

5. SP Mr. Navaraj Silwal
Police HR Cell
Human Rights Cell
Nepal Police
Kathmandu
NEPAL
Fax: +977 1 4415593
Email: hrcell@nepalpolice.gov.np

 

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
UA-177-2007
Countries :
Issues :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.